The Plant Health (Fees) (England) and Official Controls (Frequency of Checks) (Amendment) Regulations 2024

Amendment of Regulation (EU) 2017/625

4.—(1) Annex 6 of Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (application, derogations and modifications etc.) is amended as follows.

(2) In paragraph 2, in the definition of “appropriate frequency rate”—

(a) in point (a), for “specified in point (b)” substitute “to which point (b) applies”;

(b) in point (b), for the words beginning with “specified in” and ending with “2020”, substitute “as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031 that originate in a relevant third country, except where the goods are excluded goods”;

(c) after the definition of “appropriate frequency rate” insert—

““excluded goods” means plants, plant products or other objects that originate in an EU Member State, Liechtenstein or Switzerland—

(a)

as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031, which enter Great Britain through a relevant port before 31st October 2024; or

(b)

that are listed in the table in Schedule 2A to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 that enter Great Britain before 31st October 2024.”;

(d) after the definition of “relevant goods”, insert—

““relevant port” means any of the following seaports—

(a)

Ayr;

(b)

Barrow;

(c)

Barry;

(d)

Cardiff;

(e)

Cairnryan;

(f)

Ellesmere Port;

(g)

Fishguard;

(h)

Garston;

(i)

Greenock;

(j)

Heysham

(k)

Holyhead;

(l)

Lancaster;

(m)

Liverpool;

(n)

Mersey Wharf;

(o)

Newport;

(p)

Pembroke;

(q)

Port Talbot;

(r)

Royal Portbury (Bristol);

(s)

Seaforth Grain Terminal;

(t)

Silloth;

(u)

Workington.”.

(3) In paragraph 5—

(a) in the inserted paragraph 1C, for the words beginning with “specified in” and ending with “2020”, substitute “as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031”;

(b) after the inserted paragraph 1C, insert—

“1D.   Paragraph 1C does not apply in respect of excluded goods.”.

(4) In paragraph 5B—

(a) in the inserted paragraph 2A, for the words beginning with “specified in” and ending with “2020”, substitute “as referred to in the lists established pursuant to Article 72(1) of Regulation (EU) 2016/2031”;

(b) after the inserted paragraph 2A, insert—

“2B.   Paragraph 2A does not apply in respect of excluded goods.”.

(5) After paragraph 5B insert—

“5C.   In Article 45(1), after “Article 44(1)” insert “or (1C)”.”.